Defense Verdict Win in Premises Liability and Personal Injury Case

December 31, 2009

Plaintiff, a former attorney, brought this lawsuit against Umpqua Bank claiming that the bank negligently maintained its premises thereby causing personal injuries to plaintiff.  Plaintiff was injured as he was riding his bicycle on the sidewalk in front of the Umpqua Bank location.  There was a dispute as to whether he ran into the side of a vehicle exiting the bank’s parking lot, or if the vehicle struck plaintiff.  Prior to trial, the driver of the vehicle reached a settlement with plaintiff.

In his premises liability cause of action against Umpqua Bank, plaintiff alleged that the condition of the bank’s premises obstructed the exiting driver’s view of oncoming traffic and pedestrians.  Plaintiff also alleged that the bank should have provided a warning sign on the property to alert drivers to the possible presence of pedestrians.  Defendant Umpqua Bank, represented by Melissa W. Eisenberg, denied that the property was not properly maintained or that the condition of the premises was a factor in plaintiff’s accident.  After a four day trial and 5 minutes of deliberation, the jury determined that Umpqua Bank was not negligent in the maintenance of its premises and entered a defense verdict in favor of Umpqua Bank.